Board of Supervisors Minutes: September 7, 2021

210495 [Landmark Tree Designation - Canary Island Pine - 2251 Filbert Street] Sponsors: Stefani; Peskin, Preston and Melgar Ordinance designating the Canary Island Pine (Pinus canariensis) tree located at 2251 Filbert Street as a landmark tree pursuant to the Public Works Code; making findings supporting the designation; and directing official acts in furtherance of the landmark tree designation, as defined herein. Ordinance No. 139-21 FINALLY PASSED The foregoing items were acted upon by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210601 [Administrative Code - COVID-19 Tenant Protections] Sponsors: Preston; Walton, Ronen, Chan, Melgar, Haney, Safai, Peskin and Mandelman Ordinance amending the Administrative Code to prohibit landlords from evicting residential tenants for non-payment of rent that came due between July 1, 2021, and December 31, 2021, that was not paid due to the COVID-19 pandemic, provided the tenant has paid at least 25 percent of the rent owed; to prohibit landlords from imposing late fees, penalties, or similar charges on such tenants; and making findings as required by the California Tenant Protection Act of 2019. Supervisor Peskin requested to be added as a co-sponsor. Supervisor Preston, seconded by Supervisor Peskin, moved that this Ordinance be CONTINUED ON FINAL PASSAGE to the Board of Supervisors meeting of September 21, 2021. The motion carried by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210762 [Administrative Code - Eviction of Commercial Tenants for Unpaid Rent Due to COVID-19 Financial Impacts] Sponsors: Safai; Haney, Mar and Mandelman Ordinance amending the Administrative Code to revise the eviction protections for commercial tenants related to unpaid rent due to financial impacts from the COVID-19 pandemic to create a six-month forbearance period for tenants with between 50 and 99 full-time employees, and to authorize the Office of Economic and Workforce Development to create incentive programs to encourage landlords and tenants to agree to repayment plans. Supervisor Mandelman requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210608 [Accept and Expend Grant - Retroactive - Development of Commerce - CARES Act Recovery Assistance Revolving Loan Fund - $550,000] Sponsor: Mayor Resolution retroactively authorizing the Office of Economic and Workforce Development to accept and expend the small business loan program funds in the amount of $550,000 from the Department of Commerce’s Economic Development Administration for Non-Competitive Coronavirus Aid, Relief, and Economic Security (CARES) Act Recovery Assistance Revolving Loan Fund during the grant period of January 1, 2021, through June 30, 2022. (Department of Economic and Workforce Development) Resolution No. 397-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210682 [Accept and Expend Grant - Retroactive - California Governor’s Office of Emergency Services - FY2020 Community Power Resiliency Grant Program - $189,005] Sponsor: Mayor Resolution retroactively authorizing the Department of Emergency Management to accept and expend a grant in the amount of $189,005 from the California Governor’s Office of Emergency Services for Fiscal Year (FY) 2020 Community Power Resiliency Allocation, for the period of July 1, 2020, through October 31, 2021. (Department of Emergency Management) Resolution No. 398-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210685 [Accept and Expend Grant - Retroactive - California Governor’s Office of Emergency Services - FY2019 Public Safety Power Shutoff Resiliency Allocation Program - $378,010] Sponsor: Mayor Resolution retroactively authorizing the Department of Emergency Management to accept and expend a grant in the amount of $378,010 from the California Governor’s Office of Emergency Services for the Fiscal Year (FY) 2019 Public Safety Power Shutoff (PSPS) Resiliency Allocation Program, to support equipment purchases and to improve local preparedness and response for PSPS events for the period of July 1, 2019, to October 31, 2022. (Department of Emergency Management) Resolution No. 399-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210812 [Loan Agreement - Hunters View Associates, L.P. - Hunters View HOPE SF - Not to Exceed $33,903,540 for Infrastructure] Sponsor: Mayor Resolution approving and authorizing the Director of the Mayor’s Office of Housing and Community Development to execute an Infrastructure Loan Agreement with Hunters View Associates, L.P., a California limited partnership, for a total loan amount not to exceed $33,903,540 to finance the third phase of infrastructure improvements related to the revitalization and master development of up to 800 units of replacement public housing, affordable housing and market rate housing, commonly known as the Hunters View HOPE SF Development (“Hunters View Project”); and adopting findings that the loan agreement is consistent with the California Environmental Quality Act, the General Plan, and the priority policies of Planning Code, Section 101.1. (Fiscal Impact) Resolution No. 400-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210814 [Grant Contract - Retroactive - California Department of Parks and Recreation Outdoor Environmental Education Facilities Program - McLaren Park Trails Improvement Project - $250,000] Sponsor: Mayor Resolution retroactively authorizing the Recreation and Park Department to enter into a grant contract with California Department of Parks and Recreation Outdoor Environmental Education Facilities Program in the amount of $250,000 that requires the Department to maintain trail improvements funded by the grant in McLaren Park for the duration of the contract performance period from July 1, 2017, through June 30, 2047, pursuant to Charter, Section 9.118(a). (Recreation and Park Department) Resolution No. 401-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210816 [Accept and Expend Grant - Retroactive - California Department of Parks and Recreation Habitat Conservation Fund - Visitacion Avenue Corridor Trail - $207,000] Sponsor: Mayor Resolution retroactively authorizing the Recreation and Park Department to accept and expend a California Department of Parks and Recreation Habitat Conservation Fund Grant in the amount of $207,000 to support the construction of a new multi-use pedestrian and bicycle trail adjacent to Visitacion Avenue within McLaren Park; and approve a Grant Contract that requires the Department to maintain the trail for the duration of the contract performance period from July 1, 2019, through June 30, 2039, pursuant to Charter, Section 9.118(a). (Recreation and Park Department) (Fiscal Impact) Resolution No. 402-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210815 [Accept and Expend Grant - Retroactive - Department of Homeland Security Federal Emergency Management Agency - FY2020 Port Security Grant Program - $1,161,830] Sponsor: Mayor Resolution retroactively authorizing the Police Department to accept and expend a grant in the amount of $1,161,830 from the Department of Homeland Security Federal Emergency Management Agency for the Fiscal Year (FY) 2020 Port Security Grant Program to upgrade the existing 3D Sonar System, purchase a Vessel Mounted Thermal Camera System, send members to Advanced Underwater Remotely Operated Vehicle (ROV) Operations Training, refurbish and perform deck safety upgrades on the existing response vessel, and purchase a response vessel for the period of September 1, 2020, through August 31, 2023, and waiving indirect costs. (Police Department) Supervisor Peskin, seconded by Supervisor Safai, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of September 14, 2021. The motion carried by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210817 [Accept and Expend Grant - California Department of Housing and Community Development Infill Infrastructure Grant Program - Treasure Island - $30,000,000] Sponsor: Mayor Resolution authorizing the Treasure Island Development Authority (“Authority”) to execute a Standard Agreement with the California Department of Housing and Community Development (“HCD”) under the Infill Infrastructure Grant (“IIG”) Program for a total award of $30,000,000 for Qualifying Infill Projects on Treasure Island and Yerba Buena Island, for the period starting on the execution of the Standard Agreement to June 30, 2028; authorizing the Authority to accept and expend the grant of $30,000,000 for Capital Infrastructure Improvements approved by HCD consistent with the Authority’s Application; and authorizing the Authority to execute additional documents that are necessary or appropriate to accept and expend the IIG Program funds consistent with this Resolution, as defined herein. (Treasure Island Development Authority) Resolution No. 403-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

201151 [Various Codes - Construction and Demolition Debris Recovery] Sponsors: Safai; Walton and Mandelman Ordinance amending the Environment, Public Works, Health, and Administrative Codes to require transporters of construction and demolition debris to obtain a temporary or annual permit from the Department of Environment for each vehicle and debris box used for such transport and to comply with permit conditions; to require facilities that process such debris to comply with updated registration conditions; to require each person who conducts full demolition projects as permitted by the Department of Building Inspection and submits to the Director of the Department of Environment a material reduction and recovery plan to provide for at least 75% recovery away from disposal instead of 65% as required under existing law, and to verify this recovery rate after completing the project; to authorize the Director to impose administrative penalties for violations; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Mandelman requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210540 [Police Code - “Ghost Guns”] Sponsors: Stefani; Mandelman, Mar, Haney, Safai, Melgar, Ronen and Walton Ordinance amending the Police Code to prohibit any person other than a licensed manufacturer or importer from possessing, selling, offering for sale, transferring, purchasing, transporting, receiving, or manufacturing an unfinished firearm frame or receiver that has not been imprinted with a serial number, subject to certain exceptions; and prohibiting any person from manufacturing or assembling a firearm that has not been imprinted with a serial number, subject to certain exceptions. Supervisors Safai, Melgar, Ronen, and Walton requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210604 [Municipal Elections Code - Expanded Vote-by-Mail for Exclusively Municipal Elections] Sponsor: Safai Ordinance amending the Municipal Elections Code to require the Department of Elections to expand use of vote-by-mail ballots at exclusively municipal elections and encourage further use of vote-by-mail ballots in all elections. Privilege of the floor was granted unanimously to Anne Pearson (Office of the City Attorney) and John Arntz, Director (Department of Elections), who responded to questions raised throughout the discussion. Supervisor Safai, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Lines 7-8, by adding ‘without limiting in-person voting opportunities on or before election day’. The motion carried by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210677 [Administrative Code - Composition of Committee on Information Technology (COIT)] Sponsors: Walton; Preston, Haney, Mar, Chan, Ronen, Peskin, Mandelman and Safai Ordinance amending the Administrative Code to add the Clerk of the Board of Supervisors and the Executive Director of the Human Rights Commission as permanent members of the Committee on Information Technology (COIT). Supervisor Safai requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210856 [Appointments, Our City, Our Home Oversight Committee - Shanell Williams, Julie Leadbetter, Julia D’Antonio, and Jennifer Friedenbach] Motion appointing Shanell Williams, Julie Leadbetter, Julia D’Antonio, and Jennifer Friedenbach, terms ending April 22, 2023, to the Our City, Our Home Oversight Committee. (Rules Committee) Motion No. M21-123 APPROVED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

cial, High Density) Zoning District, North of Market Residential Special Use District and 80-130-T Height and Bulk District. (District 6) (Appellants: Pratibha Tekkey, on behalf of the Tenderloin Housing Clinic, and Michael Shonafelt and Gregory Tross of Newmeyer & Dillion LLP, on behalf of the Pacific Bay Inn, Inc.) (Filed July 21, 2021) (Clerk of the Board) President Walton opened the public hearing and Supervisor Haney indicated he would be making a motion to continue this Hearing and associated Motions to a future date. The President then inquired as to whether any individual wished to address the Board on the proposed continuance. Ela Strong; David Murray; Corey Smith; Michael Nulty; Susan Tuchtel; Martha Murray; Speaker; Kenneth Druzzel; Patricia Kepthurt; Christy Cruisin; Lowell Maldanado; Anastasia Yoganopolous; Linda Knox; Andy Tourney; spoke on various concerns regarding the proposed continuance. There were no other speakers. President Walton closed public comment on the continuance. Supervisor Haney, seconded by Supervisor Peskin, moved that this Hearing be CONTINUED OPEN to the Board of Supervisors meeting of September 28, 2021. The motion carried by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210859 [Approving Conditional Use Authorization - 450-474 O’Farrell Street and 532 Jones Street] Motion approving the decision of the Planning Commission by its Motion No. 20935, approving a Conditional Use Authorization, identified as Planning Case No. 2013.1535CUA-02, for a proposed project located at 450-474 O’Farrell Street and 532 Jones Street; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Clerk of the Board) Supervisor Haney, seconded by Supervisor Peskin, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 28, 2021. The motion carried by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210860 [Conditionally Disapproving the Conditional Use Authorization - 450-474 O’Farrell Street and 532 Jones Street] Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 20935, approving a Conditional Use Authorization, identified as Planning Case No. 2013.1535CUA-02, for a proposed project at 450-474 O’Farrell Street and 532 Jones Street, subject to the adoption of written findings by the Board in support of this determination. (Clerk of the Board) (Charter, Section 4.105, and Planning Code, Section 308.1(d), provides that the Board of Supervisors may disapprove the decision of the Planning Commission by a vote of not less than two-thirds (8 votes) of the members of the Board.) Supervisor Haney, seconded by Supervisor Peskin, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 28, 2021. The motion carried by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210861 [Preparation of Findings Related to Conditional Use Authorization - 450-474 O’Farrell Street and 532 Jones Street] Motion directing the Clerk of the Board to prepare findings in support of the Board of Supervisors' disapproval of the proposed Conditional Use Authorization, identified as Planning Case No. 2013.1535CUA-02 for a proposed project at 450-474 O’Farrell Street and 532 Jones Street. (Clerk of the Board) Supervisor Haney, seconded by Supervisor Peskin, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 28, 2021. The motion carried by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210890 [Waiver Authorizing City Employees to Assist the Department of Elections with the September 14, 2021, California Gubernatorial Recall Election] Sponsor: Walton Motion authorizing City employees to assist the Department of Elections with the September 14, 2021, California Gubernatorial Recall Election. Motion No. M21-124 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

Supervisor Walton, seconded by Supervisor Mandelman, moved to rescind the previous vote to reconsider File No. 210891. The motion carried by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

The foregoing items were acted upon by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210884 [Urging California Governor Gavin Newsom to Extend COVID-Related Eviction Protections] Sponsors: Preston; Ronen, Walton, Peskin, Chan, Haney, Mandelman and Safai Resolution urging California Governor Gavin Newsom to extend COVID-related eviction protections to December 31, 2021, or later. Supervisor Safai requested to be added as a co-sponsor. Resolution No. 407-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210886 [Urging Tax-Exempt Bond Regulation Changes] Sponsors: Walton; Chan, Mandelman, Preston, Ronen, Melgar and Mar Resolution urging Treasurer Fiona Ma and the California Debt Limit Allocation Committee (“CDLAC”) to amend the adopted CDLAC regulations immediately to address the regional inequities of the allocation system resulting in no awards to San Francisco for new construction affordable housing projects. Supervisors Chan, Mandelman, Preston, Ronen, Melgar, and Mar requested to be added as co-sponsors. Resolution No. 408-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210891 [Committee of the Whole - Independent Equal Employment Opportunity Report - October 5, 2021, at 3:00 p.m.] Sponsor: Walton Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on October 5, 2021, at 3:00 p.m., during the Regular Board of Supervisors meeting, to hold a public hearing on the findings and recommendations from the independent review by William B. Gould IV, a Charles A. Beardsley Professor of Law at Stanford Law School, on the City’s equal employment opportunity policies of the Department of Human Resources Equal Employment Opportunity Division. Motion No. M21-125 APPROVED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None